[2024] KEHC 8834 (KLR)
The High Court lacks jurisdiction to review its own decision on sentence under the Criminal Procedure Code. The applicant, having already appealed to the High Court and had his appeal dismissed, cannot seek review of the same decision before the same court. The proper remedy for the applicant is to appeal to the...
Source-derived case information.
- Citation
- [2024] KEHC 8834 (KLR)
- Parties
- Applicant: Fredrick Owuor Ng’Iela; Respondent: ODPP
- Court
- High Court
- Court Station
- High Court at Garsen
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E124 of 2023
- Procedural Posture
- Criminal Revision / Ruling on Application for Review of Sentence
- Outcome
- Application dismissed for want of jurisdiction.
- Judges
- SM Githinji
- Legal Topics
- Criminal Revision Jurisdiction, Review of Sentence, Drug Trafficking Offences
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Owuor Ng’Iela
Applicant
ODPP
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Review of Sentence
Legal Issues
- 1 Whether the High Court has jurisdiction to review its own decision on sentence under the Criminal Procedure Code.
- 2 Whether the applicant's remedy lies in review or appeal to the Court of Appeal.
Ratio Decidendi
The High Court lacks jurisdiction to review its own decision on sentence under the Criminal Procedure Code. The applicant, having already appealed to the High Court and had his appeal dismissed, cannot seek review of the same decision before the same court. The proper remedy for the applicant is to appeal to the Court of Appeal, not to seek review in the High Court. Accordingly, the application for review is dismissed for want of jurisdiction.
Court Disposition
Application dismissed for want of jurisdiction.
Orders
- The application for review of sentence is dismissed for want of jurisdiction by the High Court.
Full Case Text
Judgment text and source record
18 paragraphs
Ng’iela v ODPP (Criminal Revision E124 of 2023) [2024] KEHC 8834 (KLR) (18 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8834 (KLR)
Republic of Kenya
In the High Court at Garsen
Criminal Revision E124 of 2023
SM Githinji, J
July 18, 2024
Between
Fredrick Owuor Ng’Iela
Applicant
and
ODPP
Respondent
Ruling
1. The application herein is for review of sentence meted against the applicant for an offence of trafficking in 353 big rolls of cannabis sativa with estimated street value of Kshs. 114,200/= whereby he was fined one million shillings and in default to serve a total of 20 years’ imprisonment. He appealed to this Court against the conviction and sentence, and this Court in it’s judgment of 8th March, 2022 dismissed the appeal for want of merit.
2. evision under the Criminal Procedure Code from section 362 up to section 367, shows that the High Court can only review a decision of the lower court but not its own decision. I therefore do not have jurisdiction to review my finding on sentence of 8th March, 2022. The applicant should have appealed the decision in the Court of Appeal.
3. The parting shot is that the application herein lacks merit and is dismissed for want of jurisdiction by this Court.
DATED, SIGNED AND DELIVERED AT MALINDI THIS 18THDAY OF JULY, 2024………………………………………S.M. GITHINJIJUDGEIn the Presence of; -1. ApplicantA 2. Ms Ochola for the ODPP, holding brief for Mr Mulamula………………………………………………………………………………S.M. GITHINJIJUDGE